Insanity

• What happened in M'Naghten's case?

  D suffered from paranoia schizophrenia and thought he was being persecuted by the ‘Tories’ so he tried to kill a member of government but instead killed his secretary. Found not guilty due to his mental state
• What are M'Naghten's rules of Insanity?

  • A defect of reason
  • Which must result of a disease of mind
  • Which caused the D not to know the nature and quality of their act or not to know why were doing wrong 
• What is a defect of reason for insanity?

  The D’s power of reasoning must be impaired, but if the D is capable of reason but failed to use it, it isn’t a defect of reason
• What case can be used for a defect of reason for insanity?

  R v Clarke: D picked up items from a supermarket and left before paying. She said she was suffering from ‘absent mindedness’ because of her diabetes and depression.’ She didn’t even remember putting the items in her bag. The Courts held that ‘absent mindedness’ wasn’t a proper defect of reason.
• What is a disease of the mind for insanity?

  Must be due to disease of the mind but this isn’t a medical definition. It can be a mental disease or a physical disease the affects the brain.
• What is R v Kemp and how can it be used for a disease of the mind for insanity?

  R v Kemp: D was suffering with hardening of the arteries which prevented oxygen getting to his brain and he had temporary moments of unconsciousness, during this, he attacked his wife. The Court held a disease of the mind can be anything that affect the mind.
• What is R v Sullivan and how can it be used for a disease of the mind for insanity?

  R v Sullivan: D had epilepsy and showed aggression to those who were helping him during a seizure. He injured an 80 year old man. The courts held the source of insanity could be organic (brain damage by a physical cause) or functional (non-natural cause like trauma). It doesn’t matter id the impairment was permanent or transient.
• What is R v Hennessy and how can it be used for a disease of the mind for insanity?

  R v Hennessy: D was diabetic and didn’t take his insulin for 3 days, he drove a stolen acre and was charged with taking the car without consent. He couldn’t remember doing it. The courts held high blood sugar lvls because of diabetes was classed as insanity 
• What is R v Burgess and how can it be used for a disease of the mind for insanity?

   D attacked his girlfriend whilst he was asleep, there was no evidence of external causes like drugs that caused it and it was an internal cause of a sleep disorder. The courts held that the defence could be used. A crime done under voluntary intoxication cannot be defended by insanity.
• What does it mean for the D  not to know the nature and quality of the act for insanity?

  1. When the D is unconscious or have impaired consciousness
  2. They are conscious but they don’t understand or know what they are doing
• What is R v Oye and how can it be used for  not knowing the nature and quality of the act for insanity?

  D was throwing plated at police officers and when arrested began to drink from the toilet. D believed the police officers had demonic faces and broke one of the officers jaw. Courts said the D didn’t know the nature and quality of the act or what they were doing was wrong
• What is R v Windle and how can it be used for  not knowing the nature and quality of the act for insanity?

  D suffered from a mental disorder and gave his suicidal wife 100 aspirin. He knew what he was doing was wrong is he couldn’t use the defence. D must not be aware of what they were doing was legally wrong, not morally wrong
• What is a special verdict for insanity?

  When the D successfully proves insanity the jury must return with a verdict of ‘not guilty by reason of insanity’ and the judge can then impose:

  • A hospital order
  • A supervision order
  • An absolute discharge